Mr K El-Badry v Global Banking School Limited and 1 other — 2025

At the preliminary hearing on 20 May and 4 June 2025, Employment Judge Emery refused the respondents' application to strike out the remaining claim under rule 38(1)(a), and also refused a deposit order. The tribunal accepted that there was a live factual dispute about what the claimant told the respondent about the need to travel to Egypt, whether he was forced to cancel approved leave, and whether race was a factor in the treatment complained of.

The tribunal also allowed the claimant's application to amend his claim to plead indirect race discrimination in relation to the 2nd respondent's alleged practice of not having a sponsor licence for Tier 2 visa holders. It treated the application as a Selkent issue, noted the late timing and the respondents' prejudice arguments, but found that the amendment was a different formulation of a factual issue already pleaded and that it was just and equitable to allow it. The tribunal referred to MacFarlane v Commissioner of Police of the Metropolis in noting that prospects of success could be considered.

The claimant withdrew several claims, and the tribunal dismissed them on withdrawal: direct race discrimination detriment allegations during employment, save for the allegation about revocation of approved annual leave in December 2022; harassment related to race and/or sex; direct sex discrimination; unlawful victimisation; and notice pay. The judgment records a further dispute about whether the whistleblowing claim had been withdrawn at an earlier hearing, and directs that issue to be dealt with, if possible, by the judge who heard the earlier hearing, or returned to Employment Judge Emery if not resolved by 1 October 2025. No monetary remedy was determined at this hearing.